Malaysia TOP 100 Divorce Frequently Asked Questions (FAQ)-PART 35

Question 96

🔹 Will custody of my child under 7 years old definitely be awarded to the mother?

🔸 Under normal circumstances, the court leans towards awarding custody of children under 7 years old to the mother, but this is not absolute. The court must also consider other factors, with the best interests of the child being the paramount consideration. Other factors that may affect the court’s decision to award custody of a child under 7 to the mother include:

• Whether the mother causes physical or psychological distress to the child;

• The mother’s mental condition;

• Whether she is a fit mother.

Question 97

🔹 When deciding whether to award custody of the child to the father or mother, can the court request a third party to provide an evaluation report?

🔸 The court can order the Welfare Department to intervene and interview the child. The Welfare Department will then prepare a report and submit it to the court for reference.